Case: Mays v. Dart

1:20-cv-02134 | U.S. District Court for the Northern District of Illinois

Filed Date: April 3, 2020

Case Ongoing

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Case Summary

COVID-19 Summary: This is a 18 U.S.C. § 1983/habeas corpus class action lawsuit brought on behalf of inmates in the Cook County Jail in Chicago in light of over 200 positive cases of COVID-19 in the Jail. Plaintiffs seek release for detainees who are vulnerable because of their underlying medical conditions or age, and transfer to a safer place for detainees exposed to COVID-19. The court issued a temporary restraining order on April 9, 2020. On April 14, 2020, the plaintiffs filed a motion for a preliminary injunction which the court granted on April 27, requiring the defendant to implement COVID-19 measures. The defendant appealed to the Seventh Circuit and sought to stay the injunction. On June 19, the Seventh Circuit granted in part the motion to stay the preliminary injunction pending appeal. The injunction was stayed only to the extent that it requires the defendants to put into effect a policy "precluding group housing or double celling of detained persons." After the Supreme Court denied the defendant’s petition for a writ of certiorari, the parties began engaging in settlement discussions. The parties reached a settlement in principle on March 20, 2023. On September 14, 2023, the parties filed a joint motion to approve the settlement, under which the Cook County Sheriff’s Office and Cermak Health Service agreed to make policy changes that address their responses to future serious public health threats. The proposed settlement is currently pending approval from the court.

As of April 3, 2020, at least 167 detainees and 46 staff members at Cook County Jail ("the Jail") in Chicago had tested positive for the novel coronavirus that causes COVID-19. In response, the plaintiffs filed this class action complaint under 18 U.S.C. § 1983 on behalf of the class of persons who are detained in the Jail and are facing unreasonable and unnecessary risks of exposure to the coronavirus. The plaintiffs alleged that despite being aware of the substantial risk of harm that COVID-19 poses, the defendant continues to place the plaintiffs in inherently congregate and unclean settings in the Jail and the defendant fails to take reasonable measures to mitigate the dangers spread by the novel coronavirus. As a result, the plaintiffs claimed that class members are deprived of their rights under the Fourteenth Amendment to reasonably safe living conditions. They sought an order on behalf of all class members requiring the Cook County Sheriff to implement constitutionally sufficient procedures to protect their health and safety that are consistent with CDC guidelines and the expert judgment of correctional health specialists. The plaintiffs were represented by a team of lawyers from the civil rights firm Loevy & Loevy, the MacArthur Justice Center at Northwestern Pritzker School of Law, and the Civil Rights Corps, a criminal justice advocacy organization in Washington DC.

The proposed class included two subclasses. Subclass A consisted of people in custody who had vulnerabilities that place them in heightened risk of contracting serious COVID-19, including persons over the age of 65 and persons with underlying medical conditions that put them at particular risk of serious harm or death from COVID-19, including but not limited to people with respiratory conditions including chronic lung disease or moderate to severe asthma; people with heart disease or other heart conditions; people who are immunocompromised as a result of cancer, HIV/AIDS, or any other condition or related to treatment for a medical condition; people with chronic liver or kidney disease or renal failure (including hepatitis and dialysis patients); people with diabetes, epilepsy, hypertension, blood disorders (including sickle cell disease), inherited metabolic disorders; people who have had or are at risk of stroke; and people with any other condition specifically identified by CDC either now or in the future as being a particular risk for severe illness and/or death caused by COVID-19.

The plaintiffs filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 on behalf of Subclass A members, alleging that petitioners were held in custody in violation of the Due Process Clause of the Fourteenth Amendment, and seeking immediate release of these Subclass A petitioners.

Subclass B consisted of all people who are currently housed on a tier where someone has already tested positive for the coronavirus. The plaintiffs sought transfer of these inmates to a safe facility or some other form of custody.

The same day, the plaintiffs filed an emergency motion for a temporary restraining order (TRO) or preliminary injunction, as well as a motion for an expedited hearing. On April 9, 2020, Judge Matthew F. Kennelly, in his capacity as Emergency Judge, conditionally certified Subclasses A and B for the purpose of the motion for a TRO, noting that temporary or preliminary injunctive relief could be granted before a class certification ruling. The court then granted in part the plaintiffs' motion for a TRO after addressing the plaintiffs' likelihood of success with respect to each of their claims.

Ultimately, the court issued narrower temporary relief than sought by the plaintiffs. Specifically, the court directed the defendant to implement a policy requiring "prompt coronavirus testing" of symptomatic detainees, and to the extent feasible based on the acquisition of sufficient testing materials, detainees who had been exposed to the virus. The court also directed the defendant to implement social distancing during the new detainee intake process, including suspending the use of bullpens to hold new detainees awaiting intake. The court further ordered the provision of sanitation products and implementation of a sanitation policy. The court declined the plaintiffs' request for an order requiring the Sheriff to provide all detainees with PPE, instead ordering the defendant to provide masks to only those detainees in quarantine—i.e., those who have been exposed to a detainee who is symptomatic. The court declined the plaintiffs' request to order the defendant to provide adequate medical staff to monitor all detainees within the Jail, and to immediately identify or segregate all medically vulnerable detainees. Finally, the court denied the plaintiffs' request for an order requiring the transfer of Subclass B members to a safe facility or other forms of custody.

With respect to the plaintiffs' habeas corpus action, the court found that because the plaintiffs had not sought emergency bond reductions for at-risk detainees, the habeas corpus claim on the part of the representatives of subclass A was barred due to failure to exhaust available state court remedies.

On April 14, 2020, the plaintiffs filed a motion for a preliminary injunction and limited expedited discovery. After holding an evidentiary hearing, on April 27, the court entered a preliminary injunction requiring the defendant to implement a COVID-19 testing policy, enforce social distancing, provide soap or hand sanitizer to all detainees, implement a sanitization policy, provide face masks to quarantined detainees, and establish a policy precluding group housing or double celling of detained persons in the absence of specific exemptions.

On May 11, 2020, the defendant provided notice of appeal to the United States Circuit Court for the Seventh Circuit to challenge the district court's conditional class certification and preliminary injunction orders. The defendants moved to stay the preliminary injunction pending appeal on May 19, and also asked the Seventh Circuit to stay the preliminary injunction. On May 29, the district court denied the defendant's motion to stay the preliminary injunction pending appeal and the plaintiffs’ earlier motion for expedited discovery.

On June 2, the court granted the motion to intervene by the International Brotherhood of Teamsters Local 700 (the Union), which was filed May 1. The next day, the case was referred to Magistrate Judge M. David Weisman for a settlement conference and discovery.

On June 19, the Seventh Circuit granted in part the motion to stay the preliminary injunction pending appeal. The injunction was stayed only to the extent that it required the defendants to put into effect a policy "precluding group housing or double celling of detained persons."

On July 7, the parties jointly sought to extend the preliminary injunction and stay discovery pending appeal, which was granted on July 9.

On September 8, 2020, the Seventh Circuit affirmed the district court's granting of the preliminary injunction for all forms of relief except for the double celling and group housing. The Seventh Circuit determined that the district court failed to afford the Sheriff sufficient deference in his determination of the need for double celling, but for all other claims the Court determined that the district court had made detailed factual findings and properly considered the Sheriff's conduct in its totality in granting closely-tailored relief in accordance with CDC guidelines.

In January 2021, the court granted the parties' joint motion to extend the Preliminary Injunction and to stay discovery pending Petition for Certiorari. Defendant Dart filed a petition for a writ of certiorari on January 15, 2021. The Supreme Court denied the petition on October 4, 2021. 142 S. Ct. 69. The court again granted the parties’ joint motion to extend the Preliminary Injunction in December 2021.

On February 1, 2022, in an attempt to move toward some measure of resolution on the case, the court allowed limited discovery on issues most likely to be relevant to the modification and/or termination of the preliminary injunction order. Then, in May 2022, the parties began engaging in settlement discussions. In light of these discussions, the parties agreed to stay discovery. After a series of settlement conferences with Magistrate Judge M. David Weisman, the parties reached a settlement in principle on March 20, 2023. On September 14, 2023, the parties filed a joint motion to approve the settlement.

Under the proposed settlement agreement, the parties stipulated that the proposed settlement class should be certified under Rule 23(b)(2) for the purposes of settlement. Acknowledging that the Covid-19 pandemic posed a serious and urgent danger to the people housed in the Cook County Jail, the proposed settlement agreement further provided that the Cook County Sheriff’s Office and Cermak Health Services would make policy changes to two policies to address both entities’ response to Covid-19 should the virus reemerge as a serious public health threat. Additionally, the parties agreed upon attorney fees for the expenses incurred by Plaintiff’s counsel; the proposed settlement agreement did not explicitly name the amount. The parties also submitted a proposed notice form to be posted throughout the Cook County Jail for a 45-day period to explain the basis of the lawsuit, the contours of the settlement class, the relief to which the settlement class members were entitled, and the rights of the settlement class members. The parties also asked the Court for guidance with regards to whether additional notice published in two local newspapers was required. The proposed settlement is currently pending approval from the court.

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Summary Authors

Elena Malik (4/6/2020)

Averyn Lee (9/18/2020)

Justin Hill (10/16/2020)

Tessa McEvoy (2/20/2021)

Brillian Bao (9/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17043473/parties/mays-v-thomas/

Judge(s)

Brennan, Michael Brian (Wisconsin)

Attorney for Plaintiff

Bowman, Locke E. III (Illinois)

Brunt, Alexa Van (Illinois)

Attorney for Defendant

Colina, Ashi (Illinois)

Expert/Monitor/Master/Other

Anderson, Brandon Michael (Illinois)

Judge(s)

Brennan, Michael Brian (Wisconsin)

Gettleman, Robert William (Illinois)

Kennelly, Matthew F. (Illinois)

St. Eve, Amy Joan (Illinois)

Sykes, Diane S. (Wisconsin)

Weisman, M. David (Illinois)

Attorney for Plaintiff

Bowman, Locke E. III (Illinois)

Brunt, Alexa Van (Illinois)

Gerstein, Charles L. (District of Columbia)

Grady, Sarah (Illinois)

Grimes, Steve (Illinois)

Karakatsanis, Alec (District of Columbia)

Loevy, Jonathan I. (Illinois)

McAndrew, Thomas F. (Illinois)

Next, Charles Lewis (Illinois)

Tarabishy, Noor (Illinois)

Van Brunt, Alexa A. (Illinois)

Weil, Stephen Heschel (Illinois)

Attorney for Defendant

Colina, Ashi (Illinois)

Dierks, Lari Ann (Illinois)

Lydon, James Matthias (Illinois)

Mehr, Stephen (Illinois)

Rizzo, Vincent Michael (Illinois)

Shannon, Robert (Illinois)

Sperry, Gretchen Harris (Illinois)

Vaught, Adam Robert (Illinois)

Expert/Monitor/Master/Other

Anderson, Brandon Michael (Illinois)

Flessner, Mark A. (Illinois)

Gonsalves, Gregg S. (Connecticut)

Huffman−Gottschling, David George (Illinois)

Kane, Stephen J. (Illinois)

Matz, Joshua Adam (New York)

Mohareb, Amir Moheb (Massachusetts)

Rasmussen-Torvik, Laura (Illinois)

Venters, Homer (New York)

Voyles, Sherrie E (Illinois)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:20-cv-02134	Class Action Complaint	April 3, 2020	April 3, 2020 Complaint
47 1:20-cv-02134	Memorandum Opinion and Order	April 9, 2020	April 9, 2020 Order/Opinion 453 F.Supp.3d 1074
73 & 74 1:20-cv-02134	Memorandum Opinion and Order Mays v. Thomas	April 27, 2020	April 27, 2020 Order/Opinion 456 F.Supp.3d 966
109 1:20-cv-02134	Memorandum Opinion and Order	May 29, 2020	May 29, 2020 Order/Opinion 2020 WL 2796082
127 1:20-cv-02134 20-01792	Order U.S. Court of Appeals for the Seventh Circuit	June 19, 2020	June 19, 2020 Order/Opinion 2020 WL 3422112
141 1:20-cv-02134	Order	July 9, 2020	July 9, 2020 Order/Opinion
20-01792	Opinion Mays v. Dart, U.S. Court of Appeals for the Seventh Circuit	Sept. 8, 2020	Sept. 8, 2020 Order/Opinion 974 F.3d 810
20-00990	Opinion Dart v. Mays Supreme Court of the United States	Oct. 4, 2021	Oct. 4, 2021 Order/Opinion 142 S.Ct. 69
298 1:20-cv-02134	Joint Motion to Approve Settlement	Sept. 14, 2023	Sept. 14, 2023 Settlement Agreement

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Resources

Title	Description		External URL Date / External URL
Cook County, Illinois: COVID-19 & Jails Civil Rights Corps	The Cook County Jail in Chicago is being overrun by COVID-19. The jail has been identified as the single biggest Coronavirus hotspot in the United States. The infection rate in the jail…	April 3, 2020	April 3, 2020 http://www.civilrightscorps.org/...
Mays v. Dart Alexa Van Brunt, Easha Anand, Megha Ram	In early 2020, the World Health Organization declared COVID-19 a global pandemic. Illinois Gov. J.B. Pritzker declared Illinois to be in a state of disaster and imposed a statewide shelter-in-place o…	Sept. 29, 2023	Sept. 29, 2023 https://www.macarthurjustice.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17043473/mays-v-thomas/

Last updated April 23, 2024, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Anthony Mays, Jackson Judia; Filing fee $ 400, receipt number 0752-16911626. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Weil, Stephen) (Entered: 04/03/2020) 1 Exhibit A View on RECAP 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on RECAP 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on RECAP 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER	April 3, 2020	April 3, 2020 Clearinghouse
2	MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction or temporary restraining order (emergency) (Van Brunt, Alexa) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 Clearinghouse
3	MOTION by Plaintiffs Jackson Judia, Anthony MaysFOR AN EXPEDITED HEARING ON MOTION FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION (Van Brunt, Alexa) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 RECAP
4	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Alexa Van Brunt (Van Brunt, Alexa) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
5	CIVIL Cover Sheet (Weil, Stephen) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
6	MOTION by Plaintiffs Jackson Judia, Anthony Mays to certify class Responses due by 4/6/2020 (Attachments: # 1 Exhibit A: Declaration of Alison Horn, # 2 Exhibit B: Declaration of Stephen H. Weil, # 3 Exhibit C: Declaration of Alexa A. Van Brunt, # 4 Exhibit D: Declaration of Locke E. Bowman, # 5 Exhibit E: Declaration of Charles E. Gerstein)(Van Brunt, Alexa) (Entered: 04/03/2020) 1 Exhibit A: Declaration of Alison Horn View on PACER 2 Exhibit B: Declaration of Stephen H. Weil View on PACER 3 Exhibit C: Declaration of Alexa A. Van Brunt View on PACER 4 Exhibit D: Declaration of Locke E. Bowman View on PACER 5 Exhibit E: Declaration of Charles E. Gerstein View on PACER	April 3, 2020	April 3, 2020 Clearinghouse
7	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Stephen H. Weil (Weil, Stephen) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
8	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Sarah Copeland Grady (Grady, Sarah) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
9	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Locke E. Bowman, III (Bowman, Locke) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
10	MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered by Judge Kennelly in his capacity as emergency judge. Plaintiffs have filed a putative class action on behalf of Cook County Jail detainees against Cook County Sheriff Thomas Dart. Mays v. Dart, Case No. 20 C 2134. The case, having been filed after the close of business today, has not yet been assigned to a district judge. Plaintiffs have also filed a motion for a temporary restraining order or preliminary injunction (TRO/PI) and a motion seeking an expedited hearing, specifically on 4/6/2020. Plaintiffs advise in the latter motion that on today's date, before filing suit, they gave notice of their intent to file the suit and the TRO/PI motion to the Sheriff's general counsel and to supervisory personnel in the Cook County State's Attorney's Office (CCSAO). Plaintiffs' motion for an expedited hearing is granted to the extent stated in this order. By 12:00 p.m. on 4/6/2020, plaintiffs are directed to supplement their TRO/PI motion to provide their position regarding the applicability and effect of 18 U.S.C. ยง 3626 to their lawsuit and, in particular, to the relief they are requesting in the TRO/PI motion. Defendant is directed to file a response to the TRO/PI motion by no later than 8:00 p.m. on 4/6/2020. Defendant's response should include a description of any steps defendant has taken and is taking to protect detainees from contracting the Coronavirus and to care for detainees who have already contracted the virus. A hearing on the TRO/PI motion--at least, a preliminary hearing--is set for 4/7/2020 at 10:30 a.m. and will be conducted by telephone. Counsel are to use the following call-in number: 888-684-8852, conference code 746-1053. The Court strongly encourages the parties to confer to attempt to reach a reasonable resolution of the dispute, taking into consideration the health and safety of detainees, the safety of the public, and the operation of the criminal justice system. At the hearing on April 7, the Court reserves the right to order further briefing and argument and to direct the parties to pursue mediation of the dispute. Because no attorney has yet filed an appearance for defendant, plaintiffs' counsel is directed to immediately provide notice of this order to the Sheriff's general counsel and to the CCSAO supervisory personnel to whom they provided notice of their intent to file the lawsuit and to file a verification that they have done so. (mk) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
11	Verification of Service by Jackson Judia, Anthony Mays of Judge Kennelly's Order (Dkt. 10) (Grady, Sarah) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
12	MINUTE entry before the Honorable Matthew F. Kennelly: Telephone hearing before Judge Kennelly set for 4/7/2020 at 10:30 AM. (mk) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 PACER
13	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Locke E. Bowman, III (Bowman, Locke) (Entered: 04/04/2020)	April 4, 2020	April 4, 2020 PACER
14	MINUTE entry before the Honorable Matthew F. Kennelly: The Court amends its minute order of 4/3/2020 [dkt. no. 10] as follows. The call-in number listed in the 4/3/2020 minute entry will not be used for the hearing set for 4/7/2020 at 10:30 AM. Instead, the Clerk will advise counsel for the parties of a different call-in number that counsel should use for the hearing. For members of the media or public who wish to listen to the hearing, it will be simultaneously played via loudspeaker in Courtroom 2541 at the Dirksen Courthouse. (mk) (Entered: 04/04/2020)	April 4, 2020	April 4, 2020 PACER
15	ATTORNEY Appearance for Defendant Dart J Thomas by Gretchen Harris Sperry (Sperry, Gretchen) (Entered: 04/05/2020)	April 5, 2020	April 5, 2020 PACER
16	ATTORNEY Appearance for Defendant Dart J Thomas by Adam Robert Vaught (Vaught, Adam) (Entered: 04/05/2020)	April 5, 2020	April 5, 2020 PACER
17	ATTORNEY Appearance for Defendant Dart J Thomas by James Matthias Lydon (Lydon, James) (Entered: 04/05/2020)	April 5, 2020	April 5, 2020 PACER
18	ATTORNEY Appearance for Defendant Dart J Thomas by Robert Thomas Shannon (Shannon, Robert) (Entered: 04/05/2020)	April 5, 2020	April 5, 2020 PACER
19	ATTORNEY Appearance for Defendant Dart J Thomas by Lari Ann Dierks (Dierks, Lari) (Entered: 04/05/2020)	April 5, 2020	April 5, 2020 PACER
	case assigned	April 6, 2020	April 6, 2020 PACER
20	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16912398. (Gerstein, Charles) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
	CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axc, )	April 6, 2020	April 6, 2020 PACER
21	ATTORNEY Appearance for Defendant Dart J Thomas by Robert Thomas Shannon CORRECTED (Shannon, Robert) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
22	ATTORNEY Appearance for Defendant Dart J Thomas by James Matthias Lydon CORRECTED (Lydon, James) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
23	ATTORNEY Appearance for Defendant Dart J Thomas by Gretchen Harris Sperry CORRECTED (Sperry, Gretchen) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
24	ATTORNEY Appearance for Defendant Dart J Thomas by Adam Robert Vaught CORRECTED (Vaught, Adam) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
25	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16913153. (Karakatsanis, Alec) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
26	MOTION by Plaintiffs Jackson Judia, Anthony Mays for leave to file oversized brief in response to the Court's April 3, 2020 Order (Attachments: # 1 Plaintiffs' Proposed Response, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Grady, Sarah) (Entered: 04/06/2020) 1 Plaintiffs' Proposed Response View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on RECAP	April 6, 2020	April 6, 2020 Clearinghouse
27	MINUTE entry before the Honorable Matthew F. Kennelly: Motions of Charles Gerstein 20 and Alex Karakatsanis 25 to appear pro hac vice are granted. Plaintiff's motion for leave to file oversized brief 26 is also granted. (mk) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
28	MINUTE entry before the Honorable Matthew F. Kennelly: The Court directs counsel for the parties to send to Judge Kennelly's proposed order e-mail address (Proposed_Order_Kennelly@ilnd.uscourts.gov.), by no later than 9:00 PM today, a joint report describing the progress of their discussions pursuant to the Court's April 3, 2020 order (dkt. no. 10) "strongly encourag[ing] the parties to confer to attempt to reach a reasonable resolution of the dispute." (mk) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
29	RESPONSE by Dart J Thomasin Opposition to MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction or temporary restraining order (emergency) 2 (Attachments: # 1 Defendant's Brief in Opposition to Pltfs Emergency Motion for TRO or Preliminary Injunciton)(Sperry, Gretchen) (Entered: 04/06/2020) 1 Defendant's Brief in Opposition to Pltfs Emergency Motion for TRO or Preli View on PACER	April 6, 2020	April 6, 2020 RECAP
30	RESPONSE by Dart J Thomasin Opposition to MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction or temporary restraining order (emergency) 2 (Attachments: # 1 Exhibit Exh A to Dkt 29, # 2 Exhibit Exh B to Dkt 29, # 3 Exhibit Exh C to Dkt 29, # 4 Exhibit Exh D to Dkt 29, # 5 Exhibit Exh E to Dkt 29, # 6 Exhibit Exh F to Dkt 29, # 7 Exhibit Exh G to Dkt 29, # 8 Exhibit Exh H to Dkt 29, # 9 Exhibit Exh I to Dkt 29, # 10 Exhibit Exh J to Dkt 29, # 11 Exhibit Exh K to Dkt 29, # 12 Exhibit Exh L to Dkt 29, # 13 Exhibit Exh M to Dkt 29, # 14 Exhibit Exh N to Dkt 29, # 15 Exhibit Exh O to Dkt 29, # 16 Exhibit Exh P to Dkt 29, # 17 Exhibit Exh Q to Dkt 29, # 18 Exhibit Exh R to Dkt 29)(Sperry, Gretchen) (Entered: 04/06/2020) 1 Exhibit Exh A to Dkt 29 View on PACER 2 Exhibit Exh B to Dkt 29 View on PACER 3 Exhibit Exh C to Dkt 29 View on PACER 4 Exhibit Exh D to Dkt 29 View on PACER 5 Exhibit Exh E to Dkt 29 View on PACER 6 Exhibit Exh F to Dkt 29 View on PACER 7 Exhibit Exh G to Dkt 29 View on PACER 8 Exhibit Exh H to Dkt 29 View on RECAP 9 Exhibit Exh I to Dkt 29 View on PACER 10 Exhibit Exh J to Dkt 29 View on PACER 11 Exhibit Exh K to Dkt 29 View on PACER 12 Exhibit Exh L to Dkt 29 View on PACER 13 Exhibit Exh M to Dkt 29 View on PACER 14 Exhibit Exh N to Dkt 29 View on PACER 15 Exhibit Exh O to Dkt 29 View on PACER 16 Exhibit Exh P to Dkt 29 View on PACER 17 Exhibit Exh Q to Dkt 29 View on PACER 18 Exhibit Exh R to Dkt 29 View on PACER	April 6, 2020	April 6, 2020 RECAP
31	RESPONSE by Dart J Thomasin Opposition to MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction or temporary restraining order (emergency) 2 (Attachments: # 1 Exhibit Exh E to Dkt 29, # 2 Exhibit Exh M to Dkt 29, # 3 Exhibit Exh Q to Dkt 29)(Sperry, Gretchen) (Entered: 04/06/2020) 1 Exhibit Exh E to Dkt 29 View on PACER 2 Exhibit Exh M to Dkt 29 View on PACER 3 Exhibit Exh Q to Dkt 29 View on PACER	April 6, 2020	April 6, 2020 RECAP
32	MOTION by Defendant Dart J Thomas to seal document Exhibit P to Dkt 29 (Shannon, Robert) (Entered: 04/07/2020)	April 6, 2020	April 6, 2020 PACER
33	NOTICE of Motion by Robert Thomas Shannon for presentment of motion to seal document 32 before Honorable Matthew F. Kennelly on 4/14/2020 at 09:30 AM. (Shannon, Robert) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
34	SEALED EXHIBIT by Defendant Dart J Thomas Exhibit P to Dkt 29 (Shannon, Robert) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
35	MINUTE entry before the Honorable Matthew F. Kennelly: Defendant has made a motion to file under seal Exhibit P to its response to plaintiffs' motion for a temporary restraining order, which is a 21 page document entitled "Coronoavirus Operation Plan." The entirety of the justification for the motion is a statement that "This plan contains sensitive law enforcement internal strategy and controls." The Court has reviewed the document in its entirety and cannot conclude that defendant has shown that the entire document must be kept out of the public record. The document contains an assessment of the Coronavirus outbreak and its impact on, among other things, the Cook County Jail; it details steps the Sheriff's Office has taken to attempt to deal with the outbreak; and it addresses planning for ongoing developments regarding the outbreak and the Jail. A good deal of it provides the support for what the defendant has discussed in its publicly-filed response to the motion for temporary restraining order. It is conceivable that some part of the document ought to be kept out of the public record, but the proposition that it must be sealed in its entirety is unsupported and likely unsupportable. The Court will deny the motion to seal unless defendant files, before today's telephone hearing, further support identifying the particular portions of the exhibit that should be redacted from the version to be filed in the public record and a particularized explanation for why these portions should be redacted (preferably an affidavit, though the Court acknowledges that the time before the hearing is short, so it may not insist on that for the time being). (mk) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
36	MOTION by Plaintiffs Jackson Judia, Anthony Mays to supplement the Record (Attachments: # 1 Supplement Exhibit 1, # 2 Supplement Exhibit 2)(Weil, Stephen) (Entered: 04/07/2020) 1 Supplement Exhibit 1 View on PACER 2 Supplement Exhibit 2 View on PACER	April 7, 2020	April 7, 2020 PACER
37	NOTICE of Motion by Stephen H. Weil for presentment of motion to supplement 36 before Honorable Robert W. Gettleman on 4/7/2020 at 10:30 AM. (Weil, Stephen) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
38	MOTION by Defendant Dart J Thomas to seal Certain Information in Exhibit P (Shannon, Robert) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
39	MINUTE entry before the Honorable Matthew F. Kennelly: Preliminary telephonic hearing on Plaintiff's emergency motion for temporary restraining order or preliminary injunction (TRO/PI) 2 held on 4/7/2020. For the reasons stated on the record, Defendant's motion for leave to file certain information in Exhibit P under seal 38 is granted. The defendant is to file a redacted version of Exhibit P on the public record that redacts the phone numbers and email addresses of senior staff from the exhibit. Defendant's motion for leave to file exhibit under seal 32 is terminated as moot. Plaintiffs' motion to supplement the record 36 is granted. The parties have leave to file supplemental briefs addressing the issues set forth by the Court. Submissions are due by 11:59 p.m. tonight, 4/7/2020. The briefs are for legal argument only. Defendant has leave, however, to supplement Mr Miller's declaration if it is uploaded to the docket by 2:00 p.m. today. The parties have leave to file oversized briefs of no more than twenty pages. Mailed notice (cn). (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
40	RESPONSE by Dart J Thomasin Opposition to MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction or temporary restraining order (emergency) 2 (Attachments: # 1 Exhibit P to Dkt 29- REDACTED per court order)(Sperry, Gretchen) (Entered: 04/07/2020) 1 Exhibit P to Dkt 29- REDACTED per court order View on PACER	April 7, 2020	April 7, 2020 RECAP
41	RESPONSE by Defendant Dart J Thomas Supplemental Brief (Attachments: # 1 Exhibit A)(Shannon, Robert) (Entered: 04/07/2020) 1 Exhibit A View on PACER	April 7, 2020	April 7, 2020 PACER
42	Supplemental Brief in Support of Motion for Temporary Restraining Order by Jackson Judia, Anthony Mays (Attachments: # 1 Exhibit A: Miami TRO)(Van Brunt, Alexa) (Entered: 04/07/2020) 1 Exhibit A: Miami TRO View on PACER	April 7, 2020	April 7, 2020 Clearinghouse
43	ATTORNEY Appearance for Amicus City Of Chicago by Stephen J Kane Mark A. Flessner (Kane, Stephen) (Entered: 04/08/2020)	April 8, 2020	April 8, 2020 PACER
44	ATTORNEY Appearance for Amicus City Of Chicago by Stephen J Kane (Kane, Stephen) (Entered: 04/08/2020)	April 8, 2020	April 8, 2020 PACER
45	MOTION by Amicus City Of Chicago for leave to file Amicus Curiae Brief (Attachments: # 1 Exhibit Brief of Amicus Curiae City of Chicago)(Kane, Stephen) (Entered: 04/08/2020) 1 Exhibit Brief of Amicus Curiae City of Chicago View on RECAP	April 8, 2020	April 8, 2020 RECAP
46	MINUTE entry before the Honorable Matthew F. Kennelly: The Courts grants the City of Chicago's motion for leave to file an amicus curiae brief in support of defendants. The Court notes, however, that this brief has played no appreciable role in its decision in the case, for reasons that will become clear in the Court's decision, which it will issue momentarily. (mk) (Entered: 04/09/2020)	April 9, 2020	April 9, 2020 PACER
47	MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly, as emergency judge, on 4/9/2020: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants in part plaintiffs' motion for a temporary restraining order [dkt. no. 2] with regard to Count 1 of the complaint but otherwise denies the motion. The Court enters a temporary restraining order to the extent explained in the relief section of this opinion. The Court directs the Sheriff to file a report by 4:00 p.m. on April 13, 2020 regarding his implementation of the Court's directives. The case is set for a telephonic status hearing before the undersigned judge, as emergency judge, on April 14, 2020 at 9:00 a.m. The Clerk will provide the parties with call-in information prior to April 14. (mk) (Entered: 04/09/2020)	April 9, 2020	April 9, 2020 Clearinghouse
48	CORRECTED MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 4/9/2020: This corrected memorandum opinion and order corrects a scrivener's error at line 10 of page 30. (mk) (Entered: 04/09/2020)	April 9, 2020	April 9, 2020 RECAP
49	TRANSCRIPT OF PROCEEDINGS held on 4/7/2020 before the Honorable Matthew F. Kennelly. Order Number: 38391. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/4/2020. Redacted Transcript Deadline set for 5/12/2020. Release of Transcript Restriction set for 7/10/2020. (Fennell, Kathleen) (Entered: 04/11/2020)	April 11, 2020	April 11, 2020 PACER
50	MINUTE entry before the Honorable Matthew F. Kennelly: The time for the telephone status hearing before Judge Kennelly on 4/14/2020 is advanced to 8:30 AM. The Clerk will advise counsel for the parties of a call-in number that counsel should use for the hearing. For members of the media or public who wish to listen to the hearing, it will be simultaneously played via loudspeaker in Courtroom 2541 at the Dirksen Courthouse, where Judge Kennelly will be sitting. Mailed notice. (mma, ) (Entered: 04/13/2020)	April 13, 2020	April 13, 2020 PACER
51	STATUS Report by Dart J Thomas (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Sperry, Gretchen) (Entered: 04/13/2020) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER	April 13, 2020	April 13, 2020 RECAP
52	STATUS Report Exhibit A and F by Dart J Thomas (Attachments: # 1 Exhibit A, # 2 Exhibit F)(Sperry, Gretchen) (Entered: 04/13/2020) 1 Exhibit A View on RECAP 2 Exhibit F View on PACER	April 13, 2020	April 13, 2020 PACER
53	MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/14/2020. Plaintiffs are to file their motion for expedited discovery and preliminary injunction by 8:00 p.m. on 4/14/2020. Telephonic status hearing and hearing on motion for expedited discovery before Judge Kennelly set for 4/15/2020 at 3:15 p.m. Defendant has leave to file a written response to plaintiffs' motion for expedited prior to the hearing on 4/15/2020 but none is required. The parties are to use the same call in information that was used on 4/14/2020. For members of the media or public who wish to listen to the hearing, it will be simultaneously played via loudspeaker in Courtroom 2541 at the Dirksen Courthouse, where Judge Kennelly will be sitting. Mailed notice (cn). (Entered: 04/14/2020)	April 14, 2020	April 14, 2020 RECAP
54	TRANSCRIPT OF PROCEEDINGS held on 4/14/2020 before the Honorable Matthew F. Kennelly. Order Number: 38404. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020. (Fennell, Kathleen) (Entered: 04/14/2020)	April 14, 2020	April 14, 2020 PACER
55	MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction (renewed) and for limited, expedited discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Van Brunt, Alexa) (Entered: 04/14/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER	April 14, 2020	April 14, 2020 Clearinghouse
56	Exhibit K to Plaintiffs' renewed motion for a preliminary injunction by Jackson Judia, Anthony Mays (Van Brunt, Alexa) (Entered: 04/14/2020)	April 14, 2020	April 14, 2020 Clearinghouse
57	MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that in addition to discussing plaintiffs' motion for expedited discovery at this afternoon's hearing, it likely will also have some questions regarding the PLRA-related issues raised in plaintiffs' preliminary injunction motion. (mk) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
58	MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic hearing held on 4/15/2020. Defendant's response to plaintiffs' renewed motion for a preliminary injunction and for limited, expedited discovery 55 due by 4/17/20 at 8 p.m. Plaintiffs' reply due by 4/19/20 at 12:00 p.m. Judge Kennelly will determine after reviewing the briefs whether another telephone hearing is needed. Mailed notice (cn). (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
59	TRANSCRIPT OF PROCEEDINGS held on 4/15/2020 before the Honorable Matthew F. Kennelly. Order Number: 38409,38410. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020. (Fennell, Kathleen) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020 PACER
60	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Steven Grimes (Grimes, Steven) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 RECAP
61	ATTORNEY Appearance for Plaintiffs Jackson Judia, Anthony Mays by Thomas Francis Mcandrew (Mcandrew, Thomas) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
62	RESPONSE by Dart J Thomasin Opposition to MOTION by Plaintiffs Jackson Judia, Anthony Mays for preliminary injunction (renewed) and for limited, expedited discovery 55 PARTIAL (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit Transcript)(Sperry, Gretchen) (Entered: 04/17/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on PACER 7 Exhibit Transcript View on PACER	April 17, 2020	April 17, 2020 RECAP
63	MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered by Judge Kennelly as emergency judge. The Court advises that it is contemplating hearing argument on either 4/20/2020 or 4/21/2020 at 8:30 AM (to avoid interfering with the court call of the designated emergency judge for the particular date) on, among other matters, the motion for expedited discovery, the impending expiration of the temporary restraining order, issues addressed in the response defendant filed yesterday to the preliminary injunction motion, and whether there should be a hearing on the motion for preliminary injunction. The Court will, if it determines to hear such argument, set the date and time for it tomorrow (4/19/2020) and will do its best to provide a list of the topics the parties should be prepare to discuss. (mk) (Entered: 04/18/2020)	April 18, 2020	April 18, 2020 PACER
64	REPLY by Plaintiffs Jackson Judia, Anthony Mays to motion for preliminary injunction, 55 (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Grady, Sarah) (Entered: 04/19/2020) 1 Exhibit List View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Exhibit D View on RECAP 6 Exhibit E View on PACER 7 Exhibit F View on PACER	April 19, 2020	April 19, 2020 Clearinghouse
65	MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered by Judge Kennelly as emergency judge. In view of the impending expiration of the temporary restraining order entered on 4/9/2020, the request to extend it and to issue a preliminary injunction on an emergency basis (among other forms of immediate relief), and the request for expedited discovery, the matter is set for further argument on 4/20/2020 at 8:30 AM. Counsel should use the same call-in number that they used on 4/15/2020, and as before, the hearing will be simultaneously played via loudspeaker in Courtroom 2541 at the Dirksen Courthouse for members of the media or public who wish to listen to the hearing. The hearing will be strictly limited to 60 minutes in view of the need for the judge designated as emergency judge on 4/20/2020 to have access to the recorded conference line being used for emergency hearings. The parties should be prepared to address at least the following issues: (1) what should happen upon, and pending, expiration of the temporary restraining order (e.g., allow it to lapse; convert it to a preliminary injunction; order additional relief via a preliminary injunction; etc.); (2) issues regarding the application of the PLRA, 18 USC 3626, to the request(s) for relief currently before the Court, including whether the trigger for convening a 3-judge court have been met; the effect of 18 USC 3626(a)(1)(A) & (2) on the request(s) for relief that are before the Court; and whether the relief currently sought amounts to a "prisoner release order" under the PLRA; (3) what the due process "objective reasonableness" standard means as applied to the issues in this case; (4) whether an evidentiary hearing is needed on the request for a preliminary injunction that is before the Court, and if so, what it should include, what, if any, witnesses should testify, and when and how it should be held; and (5) what, if any, of the expedited discovery currently sought by plaintiffs (via their reply brief) should be allowed, and whether, if an evidentiary hearing will be held, defendants want expedited discovery. The Court will also do its best, within the available time limits, to give each party a brief opportunity to address significant points not on this list that the party believes it has not addressed sufficiently in the written materials it has filed. (mk) (Entered: 04/19/2020)	April 19, 2020	April 19, 2020 PACER
66	MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic hearing before Judge Kennelly, as emergency judge, set for 4/20/2020 at 8:30 AM. (mk) (Entered: 04/19/2020)	April 19, 2020	April 19, 2020 PACER
67	MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic hearing held on 4/20/2020. The Court will hold a one-hour hearing on Thursday, 4/23/2020. At the hearing, each party will have a single witness that will testify and will have fifteen minutes for closing arguments. The parties are to identify their one testifying witness and provide opposing counsel and the Court with notice of that person by today, 4/20/2020 at 8:00 p.m. Defendant has leave to file an affidavit addressing the walkthrough of the jail by the CDC and CDPH on 4/17/2020 by tomorrow, 4/21/2020. Other than this single filing, neither party has leave to file anything further. The court will contact the parties at a later date with the time of Thursday's hearing. Mailed notice (cn). (Entered: 04/20/2020)	April 20, 2020	April 20, 2020 PACER
68	MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered by Judge Kennelly as emergency judge. The order entered previously contained an error on the part of Judge Kennelly and is corrected to read as follows. Telephonic hearing held on 4/20/2020. The court will hold a hearing on Thursday, 4/23/2020, with the starting time to be determined after getting input from counsel regarding witness availability. The hearing will also be limited in time, with the total length to be determined. At the hearing, each party will have a single witness that will testify and will have fifteen minutes for closing arguments. The parties are to identify their one testifying witness and provide opposing counsel and the court with notice of that person by today, 4/20/2020 at 8:00 p.m. Defendant has leave to file an affidavit addressing the walkthrough of the jail by the CDC and CDHD on 4/17/2020 by tomorrow, 4/21/2020. Other than this single filing, neither party has leave to file anything further. Mailed notice (cn). (Entered: 04/20/2020)	April 20, 2020	April 20, 2020 RECAP
69	MINUTE entry before the Honorable Matthew F. Kennelly: Evidentiary hearing on motion for preliminary injunction, as discussed at the 4/20/2020 hearing, is set for 4/23/2020 at 12:30 PM. The hearing will be conducted by video conference. No more than 3 attorneys per side may participate in the video conference. Counsel are to promptly contact the Clerk, if they have not already done so, to make arrangements to participate for themselves and their witnesses. Judge Kennelly will preside in courtroom 1003, which will be open to the press and public for viewing. The two witnesses to be called are Dr. Venters (plaintiffs) and Mr. Miller (defendant). Following consultation by the Court with counsel, the following procedures will apply, subject to adjustment if technical difficulties intervene. (1) Mr. Miller will testify first, starting as soon as possible after the hearing begins at 12:30 PM, but starting no later than 12:45 PM. His direct examination will be his previously filed affidavits, supplemented by 10 minutes of questioning by defendant's counsel, followed by 45 minutes of questioning by plaintiffs' counsel, 10 minutes for redirect by defendant's counsel, and 5-10 minutes for questioning by the Court. (2) Dr. Venters will testify next. His direct examination will be his previously filed affidavit, supplemented by 10 minutes of questioning by plaintiffs' counsel, followed by 45 minutes of questioning by defendant's counsel, 10 minutes for redirect by plaintiff's counsel, and 5-10 minutes for questioning by the Court. (The Court is willing to consider extending Dr. Venters's time by a bit to roughly equalize the time for each side's witness.) (3) Then defendant will be permitted to recall Mr. Miller for no more than 10 minutes of further testimony, followed by questioning by plaintiffs' counsel in an amount equal to that used by defendant's counsel. (4) After the testimony is complete, each side will be given 15 minutes for argument, assuming there is sufficient time remaining before the hearing concludes at or about 4:30 PM. (mk) (Entered: 04/21/2020)	April 21, 2020	April 21, 2020 PACER
70	EXHIBIT by Defendant Dart J Thomas Affidavit regarding Walkthrough of Jail by CDC/CDPH PER COURT ORDER regarding text entry,,,, 68 (Sperry, Gretchen) (Entered: 04/21/2020)	April 21, 2020	April 21, 2020 RECAP
71	MINUTE entry before the Honorable Matthew F. Kennelly: Evidentiary hearing on motion for preliminary injunction held on 4/23/2020 before Judge Kennelly as emergency judge. The motion for preliminary injunction 55 is taken under advisement. For the reasons stated on the record, Plaintiffs' oral motion to extend the Temporary Restraining Order ("TRO") entered on 4/9/2020 48 is granted and the TRO is extended as stated in open court pending the Court's ruling on the motion for preliminary injunction. Mailed notice (cn). (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
75	ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) (Entered: 04/27/2020)	April 24, 2020	April 24, 2020 PACER
72	SUPPLEMENT to Prior Plaintiff Submissions (To Advise the Court of Kenneth Foster's Release from Custody) (Bowman, Locke) (Entered: 04/27/2020)	April 27, 2020	April 27, 2020 PACER
73	MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 4/27/2020: The Court grants the plaintiffs' motion for preliminary injunction in part and denies it in part as set out in the accompanying Memorandum Opinion and Order [dkt. no. 55]. (mk) (Entered: 04/27/2020)	April 27, 2020	April 27, 2020 Clearinghouse
74	PRELIMINARY INJUNCTION signed by the Honorable Matthew F. Kennelly on 4/27/2020. (mk) (Entered: 04/27/2020)	April 27, 2020	April 27, 2020 RECAP
76	MOTION by Intervenor Defendant International Brotherhood of Teamsters Local 700 to intervene (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A)(Voyles, Sherrie) (Entered: 04/30/2020) 1 Exhibit 1 View on PACER 2 Exhibit 1-A View on PACER	April 30, 2020	April 30, 2020 PACER
77	ATTORNEY Appearance for Intervenor Defendant International Brotherhood of Teamsters Local 700 by Sherrie E. Voyles (Voyles, Sherrie) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
78	ATTORNEY Appearance for Intervenor Defendant International Brotherhood of Teamsters Local 700 by David George Huffman-Gottschling (Huffman-Gottschling, David) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
79	ATTORNEY Appearance for Intervenor Defendant International Brotherhood of Teamsters Local 700 by Brandon Michael Anderson (Anderson, Brandon) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 PACER
80	MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered by Judge Kennelly, as emergency judge, on the emergency docket (20 C 1792) and on the docket of Mays v. Dart (20 C 2134). International Brotherhood of Teamsters Local 700 has filed a motion to intervene in the Mays case and has filed it not only on the docket in that case but also on the emergency docket. The motion, however, does not describe any emergency. Indeed, it says (in paragraph 6) that the movant "does not seek reconsideration of any preliminary rulings entered thus far" and instead seeks to protect the interest of the plaintiff's members "as complications arise with the implementation of those rulings" or "as the Court considers permanent relief," neither of which appear to describe emergencies. The Court therefore terminates the motion on the emergency docket. If movant considers the motion to present an emergency, then it should file an amended motion on the emergency docket. Otherwise, the motion can appropriately be dealt with by the assigned judge in the Mays case. (mk) (Entered: 04/30/2020)	April 30, 2020	April 30, 2020 RECAP
81	MINUTE entry before the Honorable Robert W. Gettleman: Motion to intervene of International Brotherhood of Teamsters Local 700 76 is denied for failure to comply with Federal Rule of Civil Procedure 24(c). Mailed notice (cn). (Entered: 05/01/2020)	May 1, 2020	May 1, 2020 RECAP
82	MOTION by Intervenor Defendant International Brotherhood of Teamsters Local 700 for Leave to Renew Motion to Intervene and File Answer Instanter or, in the alternative, for Reconsideration (Attachments: # 1 Exhibit A - Proposed Answer)(Voyles, Sherrie) (Entered: 05/01/2020) 1 Exhibit A - Proposed Answer View on PACER	May 1, 2020	May 1, 2020 PACER
83	MINUTE entry before the Honorable Robert W. Gettleman: All parties are directed to respond to International Brotherhood of Teamsters Local 700's motion for leave to renew motion to intervene or, in the alternative, for reconsideration 82 by 5/15/2020, proposed intervenor's reply due 5/22/2020. The court will issue its ruling via CM/ECF. Mailed notice (cn). (Entered: 05/01/2020)	May 1, 2020	May 1, 2020 RECAP
84	STATUS Report by Dart J Thomas (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Sperry, Gretchen) (Entered: 05/01/2020) 1 Exhibit List View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on RECAP 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER	May 1, 2020	May 1, 2020 RECAP
85	RESPONSE by Plaintiffs Jackson Judia, Anthony Mays to status report, 84 and request for emergency expedited discovery (Attachments: # 1 Exhibit A: Plaintiffs' Proposed Expedited Discovery, # 2 Exhibit B: Excerpts of PI Hearing Transcript, # 3 Exhibit C: Moore Grievance, # 4 Exhibit D: Detainee Declarations)(Van Brunt, Alexa) (Entered: 05/06/2020) 1 Exhibit A: Plaintiffs' Proposed Expedited Discovery View on PACER 2 Exhibit B: Excerpts of PI Hearing Transcript View on PACER 3 Exhibit C: Moore Grievance View on RECAP 4 Exhibit D: Detainee Declarations View on RECAP	May 6, 2020	May 6, 2020 RECAP
86	MINUTE entry before the Honorable Robert W. Gettleman: Defendant's response to Plaintiffs' response to the Sheriff's May 1 status report and request for targeted expedited discovery 85 due by 5/11/2020. Mailed notice (cn). (Entered: 05/06/2020)	May 6, 2020	May 6, 2020 PACER
87	RESPONSE by Defendant Dart J Thomas to Response, 85 to Plfs May 6, 2020 Filing (Attachments: # 1 Exhibit)(Sperry, Gretchen) (Entered: 05/11/2020) 1 Exhibit View on RECAP	May 11, 2020	May 11, 2020 RECAP
88	NOTICE of appeal by Dart J Thomas regarding orders 73, 74 Filing fee $ 505, receipt number 0752-17003994. Receipt number: n (Sperry, Gretchen) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 RECAP
89	DOCKETING Statement by Dart J Thomas regarding notice of appeal 88 (Sperry, Gretchen) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 RECAP
90	NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 88 (sxb, ) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 RECAP
91	TRANSMITTED to the 7th Circuit the short record on notice of appeal 88 . Notified counsel. (sxb, ) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
92	ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 88 ; USCA Case No. 20-1792. (sxb, ) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
93	MOTION by Plaintiffs Jackson Judia, Anthony Mays for leave to file reply to Sheriff's response (Attachments: # 1 Exhibit Proposed Reply to Sheriff's Response, # 2 Exhibit A to Proposed Reply (Detainee Declarations))(Van Brunt, Alexa) (Entered: 05/12/2020) 1 Exhibit Proposed Reply to Sheriff's Response View on PACER 2 Exhibit A to Proposed Reply (Detainee Declarations) View on RECAP	May 12, 2020	May 12, 2020 PACER
94	MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion for leave to file reply to Sheriff's response 93 is granted. Mailed notice (cn). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
95	RESPONSE by Jackson Judia, Anthony Mays to MOTION by Intervenor Defendant International Brotherhood of Teamsters Local 700 for Leave to Renew Motion to Intervene and File Answer Instanter or, in the alternative, for Reconsideration 82 (Mcandrew, Thomas) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
96	RESPONSE by Dart J Thomas to MOTION by Intervenor Defendant International Brotherhood of Teamsters Local 700 for Leave to Renew Motion to Intervene and File Answer Instanter or, in the alternative, for Reconsideration 82 (Sperry, Gretchen) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
97	MINUTE entry before the Honorable Matthew F. Kennelly: This minute entry is made by Judge Kennelly, as emergency judge. Plaintiffs, in their May 6 response to defendant's May 1 status/compliance report, have made what they describe as a request for immediate and targeted discovery regarding the question of compliance with the preliminary injunction. See dkt. no. 85 at 12-15. The assigned judge, Judge Gettleman, has determined that a hearing on the request is required. Following consultation, and given the immediate nature of the relief sought, the hearing will be conducted by Judge Kennelly as emergency judge, who will then rule on the request for discovery. The hearing is set for 5/21/2020 at 1:15 PM. The Court is in the process of determining whether the hearing will be conducted by telephone conference or by video conference. That determination will be made by no later than the afternoon of 5/20/2020, and the parties will be advised at that time regarding call-in information. (mk) (Entered: 05/18/2020)	May 18, 2020	May 18, 2020 PACER
98	MOTION by Defendant Dart J Thomas to stay and Renewed Motion to Strike Plaintiffs' Discovery Requests for Lack of Jurisdiction (Attachments: # 1 Proposed Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Sperry, Gretchen) (Entered: 05/19/2020) 1 Proposed Motion View on PACER 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP	May 19, 2020	May 19, 2020 PACER

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Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 3, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of all people who are currently or who will in the future be housed in the Cook County Jail for the duration of the COVID-19 pandemic. This Class includes two subclasses. Subclass A consists of all people who, because of age or previous medical conditions, are at particularly grave risk of harm from COVID-19. Subclass B consists of all people who are currently housed on a tier where someone has already tested positive for the coronavirus. Both subclasses were conditionally certified for the purposes of the TRO and preliminary injunction motions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

MacArthur Justice Center

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Cook County (Chicago, Cook), County